Prospective
3 Assessment by Boards of needs of disabled persons.N.I.
(1)Where—
(a)on any assessment carried out by a [F1relevant authority] in pursuance of any provision of this Act, or
(b)on any other occasion,
it falls to the [F1relevant authority] to decide whether the needs of a disabled person call for the provision of any personal social services for that person, the [F1relevant authority] shall afford an opportunity to the disabled person or his authorised representative to make, within such reasonable period as the [F1relevant authority] may allow for the purpose, representations to an officer of the [F1relevant authority] as to any needs of the disabled person calling for the provision of any such services for him.
(2)Where—
(a)either—
(i)representations have been made to a [F1relevant authority] under subsection (1), or
(ii)the period mentioned in that subsection has expired without any representations being so made, and
(b)the [F1relevant authority] has reached a decision on the question referred to in that subsection (having taken into account any representations made as mentioned above),
the [F2relevant authority] shall, if requested by the disabled person or his authorised representative, supply the person making the request with a written statement complying with subsection (3).
(3)The written statement referred to in subsection (2) must—
(a)either specify—
(i)any needs of the disabled person which in the opinion of the [F1relevant authority] call for the provision of any personal social services, and
(ii)in the case of each such need, the personal social services that it proposes to provide to meet that need,
or state that, in the opinion of the [F1relevant authority], the disabled person has no needs calling for the provision of any such services; and
(b)give an explanation of the [F3relevant authority’s] decision; and
(c)contain particulars of the right of the disabled person or his authorised representative to make representations with respect to the statement under subsection (5).
(4)Where the [F1relevant authority] does not propose to provide any personal social services to meet a particular need identified in any representations under subsection (1), any statement supplied under subsection (2) must state that fact together with the reasons why the [F1relevant authority] does not propose to provide any such services.
(5)If the disabled person or his authorised representative is dissatisfied with any matter included in the statement supplied under subsection (2), that person may, within such reasonable period as the [F1relevant authority] may allow for the purpose, make representations to an officer of the [F1relevant authority] with respect to that matter.
(6)Where any such representations have been made to the [F1relevant authority] in accordance with subsection (5), the [F1relevant authority] shall—
(a)consider (or, as the case may be, reconsider) whether any, and (if so) what, personal social services should be provided for the disabled person to meet any need identified in the representations; and
(b)inform the disabled person or his authorised representative in writing of its decision on that question and its reasons for that decision.
(7)Where—
(a)the disabled person or his authorised representative is unable to communicate, or (as the case may be) be communicated with, orally or in writing (or in each of those ways) by reason of any mental or physical incapacity, or
(b)both of those persons are in that position (whether by reason of the same incapacity or not),
the [F1relevant authority] shall provide such services as, in its opinion, are necessary to ensure that any such incapacity does not—
(i)prevent the [F1relevant authority] from discharging its functions under this section in relation to the disabled person, or
(ii)prevent the making of representations under this section by or on behalf of that person.
(8)In determining—
(a)whether it is required to provide any services under subsection (7) to meet any need of the disabled person or his authorised representative, and
(b)(if so) what those services should be,
the [F4relevant authority] shall have regard to any views expressed by either of those persons as to the necessity for any such services or (as appropriate) to any views so expressed as to the services which should be so provided.
(9)In this section “representations” means representations made orally or in writing (or both).
Textual Amendments
F1Words in s. 3 substituted (1.4.1994) by S.I. 1994/429 (N.I. 2), arts. 1(3), 7(1), Sch. 1
F2Words in s. 3 substituted (1.4.1994) by S.I. 1994/429 (N.I. 2), arts. 1(3), 7(1), Sch. 1
F3Words in s. 3(3)(b) substituted (1.4.1994) by S.I. 1994/429 (N.I. 2), arts. 1(3), 7(1), Sch. 1
F4Words in s. 3 substituted (1.4.1994) by S.I. 1994/429 (N.I. 2), arts. 1(3), 7(1), Sch. 1